Inspection Findings:
Based on interview and record review it was determined the facility failed to ensure Staff 3 (RN) and Staff 4 (LPN) adhered to professional standards of practice related to the provision of CPR (cardiopulmonary resuscitation) on a resident found with no heartbeat and not breathing for 1 of 1 sampled resident (#1) reviewed for Death/CPR. This failure, determined to be an immediate jeopardy situation, resulted from the failure to initiate CPR for the resident according to physician's orders. This failure prevented the possible resuscitation and continued life of Resident 1.
Findings include:
OAR 8510450040 "Scope of Practice Standards for All Licensed Nurses" indicated the following:
(1) Standards related to the licensed nurse's responsibilities for client advocacy. The licensed nurse:
(b) Intervenes on behalf of the client to identify changes in health status, to protect, promote and optimize health, and to alleviate suffering.
OAR 8510450050 "Scope of Practice Standards for Licensed Practical Nurses" indicated the following:
(2) Standards related to the Licensed Practical Nurse's responsibility for nursing practice implementation. Under the clinical direction of the RN or other licensed provider who has the authority to make changes in the plan of care, and applying practical nursing knowledge drawn from the biological, psychological, social, sexual, economic, cultural, and spiritual aspects of the client's condition or needs, the Licensed Practical Nurse shall:
(C) Selecting appropriate nursing interventions and strategies,
(d) Implement the plan of care.
OAR 8510450070 "Conduct Derogatory to the Standards of Nursing Defined" indicated the following:
Nurses, regardless of role, whose behavior fails to conform to the legal standard and accepted standards of the nursing profession, or who may adversely affect the health, safety, and welfare of the public, may be found guilty of conduct derogatory to the standards of nursing. Such conduct shall include, but is not limited to, the following:
(1) Conduct related to the client's safety and integrity:
(b) Failing to take action to preserve or promote the client's safety based on nursing assessment and judgment.
(3) Conduct related to communication:
(h) Failing to communicate information regarding the client's status to members of the health care team (physician, nurse practitioner, nursing supervisor, nurse coworker) in an ongoing and timely manner.
Resident 1 was admitted to the facility in 2022 with diagnoses including Type 2 Diabetes and late onset Alzheimer's disease.
Resident 1's care plan dated 8/19/22 included "Advance Directives Full Code (CPR)" and the resident's POLST (Portable Orders for Life-Sustaining Treatment) was on file with the facility.
Resident 1's POLST dated 8/19/22 indicated the resident's code status was "Full Code" (meaning the resident desired intervention such as CPR should her/his heart stop beating or she/he stops breathing) and "Full Treatment" (use intubation, advanced airway interventions, and mechanical ventilation as indicated. Transfer to hospital and/or intensive care unit if indicated).
1. A facility Final Investigation dated 11/14/23 indicated on 11/8/23 at 5:50 AM Resident 2 (roommate) of Resident 1 heard the resident coughing and asking for help. Resident 2 went into the hallway and requested help from Staff 6 (CNA). Staff 7 (CNA) also responded. The two CNAs adjusted the resident's position and brought the resident some ice water. Staff 6 said the resident told her she felt better.
At 6:20 AM Resident 2 called to Resident 1 but received no response. Resident 2 again went out to the hallway and got assistance from Staff 5 (CNA) who determined the resident had no pulse and called for the nurse. Staff 3 (RN) and Staff 4 (LPN)responded to the room. The resident was pale gray and unresponsive. The investigation noted Staff 3 felt the resident had been expired too long. Staff 4 verified the resident was a Full Code. A Code Blue was not called, the crash cart was not brought to the room, CPR was not initiated, and 911 was not called. Staff 4 left the facility because it was the end of her shift and she was not scheduled for another shift for a few days. Staff 3 was suspended pending an investigation.
The facility Final Investigation dated 11/14/23 also included a written statement from Staff 3 (RN) dated 11/8/23. The statement indicated Staff 3 followed Staff 4 (LPN) to Resident 1's room when Staff 5 (CNA) called for assistance. They entered the room and Resident 1 was lying in bed not breathing with no pulse. The resident was pale gray in color, warm to the touch but they were unable to arouse her/him. No other information was included in the statement related to anything which occurred after they found the resident unresponsive.
On 11/17/23 at 10:34 AM Staff 3 (RN) indicated on 11/8/23 he and Staff 4 responded to Staff 5's (CNA) radio call for a nurse to come to Resident 1's room. They went to the resident's room and the resident was dead. Staff 3 said he had not finished report yet so he "was not really prepared for work". Resident 1 was not breathing, had no pulse, and was colorless. Staff 3 then walked back out of the room and did not return to the room. Staff 3 said he did not know the code status of the resident and did not think to look in the code book. Staff 3 stated he should have checked the code status of the resident, called a Code Blue (resident with an unexpected cardiac or respiratory arrest requiring resuscitation and activation of a facility-wide alert), got the crash cart, started CPR, called the ambulance, and sent the resident to the hospital. Staff 3 also said he did not do what he should have done and did not follow procedure, he "messed up".
On 11/17/23 at 11:48 AM Staff 2 (DNS) indicated she was notified by Staff 4 of the resident's death but was unaware at the time that the nurses had not followed all the appropriate procedures for finding a resident unresponsive. She assumed, since both nurses had many years of experience, they had followed standards of practice related to finding the resident unresponsive. It was her expectation that when a resident was found unresponsive, and was a Full Code, staff would call a Code Blue to get assistance, get the crash cart, start CPR, verify the resident's code status, call 911 and send the resident to the hospital if needed. That did not happen for this incident.
2. On 11/17/23 at 10:06 AM Staff 4 (LPN) said on 11/8/23 she responded to Staff 5's (CNA) call for a nurse to come to Resident 1's room. She went into the room with Staff 3 (RN). The resident was not breathing and her/his color was "grayish". They did not know the resident's code status and left the room to determine the status. The resident was a Full Code. They did not return to the resident's room. They did not call a Code Blue (resident with an unexpected cardiac or respiratory arrest requiring resuscitation and activation of a facility-wide alert), they did not do CPR, and they did not call 911. Staff 4 said she did not know why she did not start CPR but she should have, even if the RN did not. Staff 4 acknowledged she knew what steps to take when a resident was unresponsive, but failed to follow procedure for the resident who was unresponsive and who's code status was FULL Code which included CPR.
A facility Final Investigation dated 11/14/23 included a written statement from Staff 4 dated 11/8/23 at 6:20 AM which indicated Staff 5 called Staff 4 to Resident 1's room. Staff 3 went with her and they entered the room. The resident was sitting up in bed with no respirations or pulse. The resident's POLST was verified. Staff 4 called the DNS, the resident's family, and the funeral home. Staff 3 said he would call the doctor. Postmortem care was provided to Resident 1 by CNA staff. No information was contained in the statement related to what steps were taken when they found the resident unresponsive or why CPR was not initiated.
On 11/17/23 at 11:48 AM Staff 2 (DNS) indicated she was notified by Staff 4 of the resident's death but was unaware at the time that the nurses had not followed all the appropriate procedures for finding a resident unresponsive. She assumed, since both nurses (Staff 3 and Staff 4) had many years of experience, they had followed standards of practice related to finding the resident unresponsive. It was her expectation that when a resident was found unresponsive, and was a Full Code, staff would call a Code Blue to get assistance, get the crash cart, start CPR, verify the resident's code status, call 911 and send the resident to the hospital if needed. That did not happen for this incident.
On 11/17/23 at 5:02 PM Staff 1 (Administrator) and Staff 2 (DNS) were notified the incident on 11/8/23 was an Immediate Jeopardy situation. As the facility identified the deficient practice and instituted corrections, this was determined to qualify for the designation as past non-compliance.
On 11/18/23 at 7:28 AM the facility provided their immediacy removal plan. The facility identified non-compliance on 11/8/23, initiated training, and education with staff which was completed on 11/14/23. The plan included the following:
1. DNS completed immediate huddle with current floor staff on 11/8/23.
2. An audit of the facility was completed to determine all residents' code status.
3. DNS (or designee) completed training for direct care staff. Completion date 11/14/23. Trainings included the following:
a.
Expectations of care for unresponsive resident.
b.
Performance of duties when a code blue is called.
c.
Policy for Emergency Procedure of CPR.
d.
Location of POLST Binder related to obtaining Code status information.
4. Completion of mock code blue drills for each shift: Completed 11/14/23.
5. Monitoring: Audits for code status initiated beginning 11/14/23 including:
a.
POLST Binder
b.
Electronic Health Record (EHR) for accuracy
c.
Orders in EHR for change
d.
Plan of Care in EHR
weekly for four weeks, then monthly for four months for compliance and as needed thereafter. All findings would be reviewed in QAPI until significant compliance was met.
6. DNS (or designee) audited employee status for:
a.
CPR certification
b.
Latest training and review of policy & procedure, and implementation of Code Blues.
c.
Mock Code Blue drill participation
weekly for four weeks, then monthly for four months, for compliance and as needed thereafter. All findings would be reviewed in QAPI until significant compliance was met.
On 11/16/23 at 2:45 PM Survey determined the Past Non-Compliance was corrected on 11/14/23 when the facility identified deficient practice, initiated corrections, and completed staff education and training. This included:
1. A review of the facility's audit tool used to determine residents' code status.
2. A review of facility In-Service Training Reports regarding the facility policy on code status and emergency CPR, Code Blues, Mock Code Skills, and Emergency Crash Carts with staff signatures for attendance.
3. Interviews with CNA and licensed nurse staff to verify they were provided the in-service trainings and could accurately explain emergency procedures.